Case Results

Miami-Dade Case No. 0310971CF10B

At 12:32 am, police officer heard a loud crash and observed defendant exit his vehicle to observe the damage. Defendant had struck a tree in a parking lot. Upon contact, Defendant had a strong odor of alcohol emitting from his breath. Defendant had bloodshot eyes. Defendant lost his balance and used hood for balance. Defendant agreed to field sobriety tests on scene and did not meet standards. Defendant was arrested for DUI.

At 12:05 am, a DUI TASK FORCE OFFICER on routine patrol observed Defendant failing to stop at a flashing red light and failing to maintain in a single lane. Upon contact with the Defendant, police officers detected an odor of an alcoholic beverage on his breath, flushed face, bloodshot watery eyes and mush-mouthed speech. Defendant performed poorly on the field sobriety exercises and agreed to submit to a breath test with results of 0.185 at 1:36 am, 0.214 at 1:39 am and 0.209 at 1:42 am. Defendant was arrested for DUI.

At 2:32 am, Defendant was observed to be stopped in the middle of an intersection. Police officer approached the vehicle and knocked on defendant’s window. Defendant appeared to be asleep and got startled when she saw the police officer. Defendant attempted to keep driving forward when she came to her senses. Police officer commanded defendant to turn off the vehicle and exit. Police officer observed in plain view an open small bottle of water that contained a yellowish liquid. The bottle contained a liquid that had an odor of an unknown alcohol beverage inside. Several signs of impairment were observed. Defendant had bloodshot watery eyes, slurred speech and had a strong odor of an unknown alcohol beverage coming from her breath. The defendant was asked to perform voluntary standardized field sobriety exercises. Defendant failed to complete the exercises to “standards” and exhibited severe signs of impairment due to the consumption of an unknown alcoholic beverage. The defendant was arrested for DUI.

At 10:35 pm, police officer was dispatched to a minor traffic crash. Police officer immediately smelled a strong odor of alcohol on defendant’s persons and blood shot eyes. When police officer asked Defendant what happened? Defendant stated “I fell asleep and had a little fender bender, that’s all.” Roadside exercises were conducted and defendant did not perform to standards. Defendant stated she only had (2) cocktails. Defendant was arrested for DUI.

At 9:34 pm, while on patrol, police officer observed defendant fail to yield at a stop sign while exiting the Miccosukee Resort. Police officer activated emergency lights and pulled over Defendant. Defendant pulled over and opened his door and said “Sorry, Sorry, I’m Sorry” Police officer ordered defendant to close his door. When police officer approached the vehicle, he could smell a strong odor of alcohol beverage emitting from the defendants person. The defendant had watery, blood shot eyes. Police officer performed 3 field sobriety tests. The defendant failed to meet standards and was arrested for DUI.

At 1:43 am, a call was received by the Police that Defendant had fallen asleep in the drive-thru window of Burger King and blocking other vehicles from placing their orders. Police arrived on scene and observed defendant asleep behind the wheel, drooling onto his sweater. Police officer woke up Defendant and observed the defendant to have red eyes, odor and was disoriented. A DUI unit was contacted. While conducting and inventory of the vehicle, defendant was found in possession of marijuana and a glass pipe with marijuana residue. The defendant was observed to be impaired. Field sobriety tests were performed and defendant failed to perform to standards. Defendant was arrested for DUI.

Client and friend parked on grassy area off Old Cutler Road in South Miami-Dade. A police officer drove up alongside their car and alleged in his reports that he smelled the sweet odor of marijuana from their car, though he didn’t observe any marijuana. Client tells us he was smoking a clove cigarette. The officer also alleges that the car was parked on the bike path which my client denied.

Creativity:

We confronted the officer in court with several packages of clove cigarettes. He admitted that the smell was consistent with the sweet aroma of marijuana and that might have been what he smelled. We also presented photos of the car in the same spot as well as live testimony from witnesses who observed the car not on the bike path the night of the arrest.

Client is a young man, 21 years old, 5’10”, and a very slim 130 pounds. He was arrested on the Rickenbacker Causeway near Key Biscayne. The police officer had the client perform Roadside Sobriety Exercises on the causeway. Client advised us that the wind was gusting, perhaps 20-30 miles an hour and his performance on the exercises was poor as a result.

Creativity:

We obtained Wind Gust Recording Charts from the United States National Climatic Data Center, in Asheville, N.C. which established the gusting wind conditions at that specific location. We established that the test conditions that night were unfair, tainted and the results of the tests could not be used as evidence.

Client was asleep in her car in a parking lot. The keys were in the ignition, the car was running and in park. Police officers woke her up, smelled alcohol on her breath, observed her mumble when she spoke and had difficulty with her balance. When the officers asked her to submit to roadside sobriety tests, she refused and was arrested. She refused the breath test.

Creativity:

In order to prove DUI, Florida law requires the state to establish beyond a reasonable doubt that someone was driving or in actual physical control of a vehicle while under the influence of alcohol to the extent that their normal faculties are impaired. “Actual physical control” is defined as being in or on a vehicle AND having the present capability to operate the vehicle. Because she was asleep in the car, there was no way she could have had the capability to operate the vehicle.

Client is a University of Miami pre-med student. Charged with DUI and DUI Property Damage by crashing into a stopped car at a traffic light near the University of Miami, while under the influence of Marijuana, and Xanax. Client in process of medical school applications and can't have a DUI conviction on his record.

Result: Charges dropped to one count of reckless driving and a $250.00 fine. No conviction, allowing us to have the client's record sealed.

Client facing her second DUI charge within less than 10 years. Refused breath test, but open container of alcohol, marijuana and a pipe found in car after her arrest. State originally offered 120 days in jail, a year license suspension with no work permit, doubled fines, doubled probation, doubled community service hours and a 2-year ignition interlock device.

Result: Required client to attend an Intensive Outpatient Program with Transitions, Inc., a well-respected treatment facility. She completed 5 weeks of intensive treatment and over 50 AA meetings. State agreed to reduce penalties in half, allowing client to obtain a driving permit after 6 months, with no jail.

Miami-Dade Case No. F08-001905 (G)

The Defendant was observed by a Florida Highway Patrol Trooper failing to maintain a single lane and overcorrecting her driving on multiple occasions, on a busy highway in Miami. She was slow and sluggish while looking for her license, registration and insurance documents. The defendant gave conflicting accounts of her whereabouts and where she was going. The Defendant did not perform the roadside tests to FHP standards. The Defendant subsequently refused to submit to a breath test. 

Federal Case No. 3277989, 90, 91, 92

Miami-Dade Case No. 17000657CF10A

Suwanee County Case No. 08-78 CF